Dispute over will, does anyone know how to read a will? (Pictures included)

[icantwaitforsummer]

We don't know if we are being unreasonable even asking this, but hoping someone here knows a bit more about wills?

My sister and I remember our mum saying something about leaving her half of her house to me and my sister many years ago. She died 10 years ago, but my stepdad said the will says she has left it all to him.

From reading the will we aren't sure what it means. There is a part of the will I have highlighted in yellow that says:

IF my husband survives me for the period of twenty eight days then subject to the payment thereout of my just debts and funeral and testamentary expenses I GIVE all my estate to him absolutely-

What does that part mean? It doesn't change much currently we were just not sure.

Hopefully I have redacted all the parts with names and addresses, please let me know if I haven't.

It might be a good idea to flag up if any one tries to make changes to the land.registry entry. It's quite easy to do against the entry

There’s a bit of the trail missing how the daughters are named on LR. The legal firm were appointed as mum’s Executors and would have obtained probate. Under clause 4(b) two of the practising partners would have become trustees and legal owners of mum’s share of the house. It’s their names (and SD) who would ordinarily be on LR. LR is less interested in who will inherit in years to come, they record who are the legal owners now. And that’s different to the beneficial owner (SD).

This all suggests that at some point the legal firm agreed it was pointless them being trustees of an arrangement which could continue for years (as it has) and they have no ongoing relationship with the family members. So they probably retired in favour of new trustees ie the daughters, and changed LR at that stage. This would have required the daughters’ agreement to act as trustees, and to sign paperwork to say so. This seems to be missing.

OP also needs to be aware that (barring a few exceptions) trusts like this must be registered with HMRC. Look up ‘Trust Registration Service’ on their website and move quick as there are penalty provisions for failure. It’s been around for 6+ yrs but not well advertised nor understood by the general public. Some solicitors are better than others at picking up on this (especially if they don’t do tax work) so please ask specifically.

@Creepedmeout

good point - I forgot about having to register a trust with HMRC
you get 2 years to do it after the death then they start racking up fines and penalties

HMRC we’re really nice and helpful to me as I didn’t know and they didn’t fine me but you also have to do a tax return every year for estate and trust ( think that’s the correct words )
and when the stepfather dies you then have to close the trust as well

@icantwaitforsummer you need proper legal advice. Please get it asap and don’t rely on an anonymous forum to interpret parts of a will.

Sometimes you do have to invest a small amount for legal advice to potentially get your lawful inheritance.